September 15, 1903 (9th Parliament, 3rd Session)


Robert Laird Borden (Leader of the Official Opposition)

Conservative (1867-1942)

Mr. BORDEN (Halifax).

I say that if the government know of judges wrho are neglecting their duty in that way, it is the duty of the government to present their case to parliament. I am surprised to hear the Minister of Finance rise in this parliament and make the statement which he has made, and I repeat that if the government knows of such cases it is their duty to move in the matter. I think the argument which my right hon. friend has presented to the House ought to be embalmed for ever ; it is this, that the judges are not responsible to parliament because parliament has the right to remove them _ from office. That argument put in another form amounts to this, that parliament has a right to remove judges by an address to the Crown, therefore, parliament has no control whatever over the judges. That is the view presented to this House by the Prime Minister of this country. I think that my hon. friend from Jacques Cartier has not contravened any principles of constitutional law by teaching, as he says he has done for many years, the exactly contrary doctrine in Laval University.

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